VidhiSangh

Supreme Court of India · 19/09/2018

JANABAI versus ADDITIONAL COMMISSIONER AND OTHERS

[2018] 11 S.C.R. 699 · 2018 INSC 832

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld a Gram Panchayat member’s disqualification for continuing to reside in and use government land encroached upon by her husband and father-in-law. Section 14(1)(j-3) was not confined to the person who first encroached: continued shared occupation creates the conflict of interest the provision seeks to prevent. The Court overruled Sagar Pandurang Dhundare’s narrower interpretation.

Issues

  1. Whether a Panchayat member continuing to occupy government property encroached upon by family members incurs disqualification even if she did not make the original encroachment.

Provisions considered

Held

Result

Appeal dismissed without costs; disqualification sustained. Sagar Pandurang Dhundare overruled.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 699.